`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/921,231
`
`09/07/2010
`
`Yohei Jin
`
`MAT— 10391Us
`
`1333
`
`EXAMINER
`RATNERPRESTIA —
`PO. BOX 980
`DABNEY, PHYLESHA LARVINIA
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2655
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`11/22/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/921,231 JlN ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`StatusNo PHYLESHA DABNEY 2655
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`Status
`
`1)|:I Responsive to communication(s) filed on 9/10/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 1 3-7 and 9-11 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)I:I Claim(s)
`is/are allowed.
`
`7)|Z| Claim(s) 1 3- 7and9- 11 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/'/\WIIW.USOI.O. ovI’ atentS/init events/
`
`
`
`hI/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some * c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) D Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413)
`
`Paper N°ISI/Ma" Date' —
`PTO/SB/08
`t
`t
`St
`I
`D'
`I'
`f
`2 I] I
`)
`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20131114
`
`Office Action Summary
`
`

`

`Application/Control Number: 12/921,231
`
`Page 2
`
`Art Unit: 2655
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`DETAILED ACTION
`
`This action is in response the Amendment received on 10 September 2013 in which
`
`claims 1, 3-7, 9-11 are pending.
`
`An Examiner’s initiated interview was conducted on 29 April 2013 to suggest amending
`
`claim 1, the Applicants declined to amend claims.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`Claims 1, 3, 6, 9-11 are rejected under 35 USC. 103(a) as being unpatentable over
`
`Hatsusho et al (Japanese Patent No. 2000—324591) in view of Ding et a1 (Article: “Silicon isotope
`
`fractionation in bamboo and its signification to the biogeochemical cycle of silicon”).
`
`Regarding claim 1, Hatsusho teaches a speaker diaphragm, which is manufactured by a
`
`paper— making method, wherein the diaphragm has not smaller than 5 wt% of fibers extracted
`
`from at least bamboo leaves (paragraph 0005, 0009, wherein it is stated the desired amount of
`
`bamboo fiber is between 10% to 30% wt.).
`
`Hatsusho fails to specifically teach a concentration of silicon in the bamboo leaves is not
`
`lower than 5000 ugSi/g.
`
`

`

`Application/Control Number: 12/921,231
`
`Page 3
`
`Art Unit: 2655
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`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
`
`Regarding claim 3, the combination of Hatsusho and Ding teaches the speaker diaphragm
`
`according to claim 1, wherein said bamboo leaves are biaXially mixed so as to be pulpified
`
`(Hatsusho; fig. 5, wherein the bamboo, shown by the arrows, is combined with wood to form
`
`wood and bamboo pulp).
`
`Regarding claim 6, the combination of Hatsusho and Ding fails to teach the speaker
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`diaphragm according to claim 1, wherein raw rubber is contained.
`
`However, the Examiner takes official notice that it is known to use rubber material in the
`
`speaker diaphragms to improve tensile strength.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to incorporate raw rubber in the invention of Hatsusho and Ding to increase
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`the amount of stress during stretching/pulling that could be applied to the diaphragm before
`
`breakage or failure.
`
`

`

`Application/Control Number: 12/921,231
`
`Page 4
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`Art Unit: 2655
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`Regarding claim 9, Hatsusho teaches a speaker (fig. 2), comprising: a frame (2), coupled
`
`to a magnetic circuit (4); a speaker diaphragm (1) according to claim 1 (wherein the bamboo
`
`fiber is between 10—30% wt.), which is coupled to a periphery of the frame; and a voice coil (31),
`
`coupled to the speaker diaphragm (via bobbin, 3).
`
`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
`
`the bamboo leaves is not lower than 5000 (as disclosed in claim 1 g.
`
`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
`
`Regarding claim 10, Hatsusho teaches a speaker, comprising: a speaker having a frame
`
`(2) coupled to the magnetic circuit (4), a speaker diaphragm according to claim 1 (wherein the
`
`bamboo fiber is between 10—30% wt.) coupled to a periphery of the frame (fig. 2; paragraphs
`
`0005, 0009, wherein the bamboo fiber is between 10—30% wt.), and a voice coil (31) coupled to
`
`the speaker diaphragm (via bobbin, 3).
`
`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
`
`the bamboo leaves is not lower than 5000 (as disclosed in claim 1 g.
`
`

`

`Application/Control Number: 12/921,231
`
`Page 5
`
`Art Unit: 2655
`
`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
`
`Further, the combination of Hatsusho and Ding fails teach an amplifier circuit for audio
`
`signals to drive the speaker in electronic equipment.
`
`However, the Examiner takes Official Notice that it is known in the art to use an
`
`amplifier to magnify the speaker signal within electronic equipment, such as a radio, boombox,
`
`surround sound speaker array, etc.
`
`One of ordinary skill in the art at the time the invention was made could have combined
`
`the speaker of Hatsusho and Ding, in electronic equipment utilizing an amplifier to magnifier the
`
`sound signal, and properly house and protect the speaker components.
`
`Regarding claim 11, Hatsusho teaches a speaker, comprising: a speaker (fig. 2),
`
`incorporated with the speaker diaphragm (2) according to claim 1 (wherein the bamboo fiber is
`
`between 10-30% wt.).
`
`Hatsusho fails to specifically teaches the diaphragm having a concentration of silicon in
`
`the bamboo leaves is not lower than 5000 (as disclosed in claim 1).
`
`

`

`Application/Control Number: 12/921,231
`
`Page 6
`
`Art Unit: 2655
`
`In table 3, Ding teaches the inherent content of silicon in different species of bamboo
`
`(Table 3, wherein on average 9.04% of the leaf is silicon, which is more the 5000 ugSi/g). The
`
`content of silicon is important to plant growth, resistance to compression, and rigidity.
`
`Therefore, it would have been obvious, if not inherent, to use the teachings of Ding in the
`
`implementation of the diaphragm of Hatsusho to properly manufacture a strong bamboo infused
`
`diaphragm.
`
`Further, the combination of Hatsusho and Ding fails to teach an amplifier circuit for
`
`driving the speaker in a mobile device.
`
`However, the Examiner takes Official Notice that it is known in the art to use an
`
`amplifier to magnify the speaker signal within mobile device, such as a portable radio, boombox,
`
`surround sound speaker array, etc.
`
`One of ordinary skill in the art at the time the invention was made could have combined
`
`the speaker of Hatsusho and Ding, in portable audio device utilizing an amplifier to magnifier the
`
`sound signal, and properly house and protect the speaker components.
`
`Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Hatsusho et al
`
`(Japanese Patent No. 2000—324591) in view of Ahmad (Dissertation: “Analysis of Calcutta
`
`Bamboo for structural composite materials”, chapter 2, pages 35—38).
`
`Regarding claim 7, Hatsusho teaches a speaker diaphragm, which is manufactured by a
`
`paper—making method, wherein the diaphragm has not smaller than 5 wt% of fibers extracted
`
`from at least bamboo leaves (paragraph 0005, 0009, wherein it is stated the desired amount of
`
`bamboo fiber is between 10% to 30% wt.) and the fibers extracted from the bamboo leaves are
`
`

`

`Application/Control Number: 12/921,231
`
`Page 7
`
`Art Unit: 2655
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`cross— linked (fig. 5, wherein the bamboo, shown by the arrows, is combined with wood to form
`
`wood and bamboo pulp).
`
`Hatsusho fails to teach the bamboo leaves are cross—linked by an isocyanate component.
`
`Isocyanate, as taught by Ahmad, is a well—known wood adhesive for bonding wood
`
`composite materials.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to incorporate isocyanate into the invention of Hatsusho, as taught by
`
`Ahmand, to properly bond the fibers of the diaphragm together.
`
`Claims 4-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hatsusho et al
`
`(Japanese Patent No. 2000—324591) in view of Ding et a1 (Article: “Silicon isotope fractionation
`
`in bamboo and its signification to the biogeochemical cycle of silicon”), and in fiarther view of
`
`Fujii et al (Japanese Patent No. 2008—229933A).
`
`Regarding claim 4, the combination Hatsusho and Ding fail to teach the speaker
`
`diaphragm according to claim 1, wherein the fibers extracted from the bamboo leaves are
`
`obtained by making the bamboo leaves finer with at least one piece of equipment of a bead mill,
`
`a pressure—type homogenizer, and a disk refiner.
`
`Fujii teaching extracting the fibers from the bamboo leaves using homogenization and
`
`disk refining to disentangle the bamboo and extract the desired sized fiber.
`
`It would have been obvious to one of ordinary skill in the art at the time the invention
`
`was made to include an extraction method in the invention of Hatsusho and Ding, as taught by
`
`Fujii, to disentangle the desired bamboo fiber from the bamboo.
`
`

`

`Application/Control Number: 12/921,231
`
`Page 8
`
`Art Unit: 2655
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`Regarding claim 5, although the combination of Hatsusho, Ding, and Fujii teaches
`
`applying a reinforcing agent, such as resin, to the fibers for strength, the combination does not
`
`specifically teaches the speaker diaphragm according to claim 4, wherein the bamboo fibers
`
`having been made finer are surface—coated by at least either a spraying method or a
`
`suction/deposition paper—making method.
`
`However, the Examiner takes Official Notice that it is known to using a spraying method
`
`to apply resin to plant fibers for strength.
`
`It would have been obvious to one of ordinary skill in the at the time was made to spray a
`
`surface coating on to the invention of Hatsusho, Ding, and Fujii, to increase the rigidity of the
`
`fibers.
`
`Response to Arguments
`
`Applicant's arguments filed have been fully considered but they are not persuasive.
`
`With respect to the Applicant's argument that Hatsusho does not disclose the fiber
`
`extracted from at least bamboo leaves, the Examiner disagrees.
`
`As per the Abstract submitted by the Applicant on 7 September 2010 containing
`
`Hatsusho (JP 2000—324591 A), Hatsusho et a1 teaches “the fibers of a bamboo short is mixed
`
`with general wooden fibers, that is, paper making pulp to make paper and the speaker vibration
`
`cone is formed and produced by using it.” (see below)
`
`

`

`Application/Control Number: 12/921,231
`
`Page 9
`
`Art Unit: 2655
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`
`Furthermore, in reference to the portion of the Hatsusho specification containing Wild
`
`rice. This section is specifically referring to Wild—rice “bamboo” short.
`
`Further still, Hatsusho teaches fibers can be extracted from the stem or leaf.
`
`With respect to the Applicant’s argument pertaining to claims 4—5, 7 that Hatsusho fails
`
`making bamboo leaves finer (claims 4—5) and crosslinking (claim 7), the Applicant is arguing
`
`references individually. One cannot show nonobViousness by attacking references indiVidually
`
`Where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413,
`
`208 USPQ 871 (CCPA 1981); In re Merck & C0., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir.
`
`1986).
`
`

`

`Application/Control Number: 12/921,231
`
`Page 10
`
`Art Unit: 2655
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`Furthermore, the Hatsusho and/or the combination of Hatsusho and Ding, as stated in the
`
`rejection, failed to teach these certain aspects and were combined with Fujii to show a teaching
`
`and motivation for making the bamboo leaves finer (claims 4—5) and Ahmad to show a teaching
`
`and motivation for crosslinking (claim 7).
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
`
`however, will the statutory period for reply expire later than SIX MONTHS from the mailing
`
`date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PHYLESHA DABNEY whose telephone number is (571)272—
`
`7494. The examiner can normally be reached on Monday through Wednesday and Friday 10:30—
`
`4:30pm.
`
`

`

`Application/Control Number: 12/921,231
`
`Page 11
`
`Art Unit: 2655
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Davetta W. Goins can be reached on 571—272—2957. The fax phone number for the
`
`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Any response to this action should be mailed to:
`Commissioner of Patents and Trademarks
`P O Box 1450
`Alexandria, VA 22313—1450
`
`0r faxed to:
`
`(703) 273—8300, for formal communications intended for entry and for informal or draft communications,
`please label "Proposed" or "Draft" when submitting an informal amendment.
`
`Hand-delivered responses should be brought to:
`Customer Service Window
`
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`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
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`
`November 14, 2013
`
`/PHYLESHA DABNEY/
`
`Examiner, Art Unit 2655
`
`/DAVETTA W. GOINS/
`
`Supervisory Patent Examiner, Art Unit 2655
`
`